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Guernsey was not immune to the challenging global economic climate. Nonetheless, M&A activity continued, with most private M&A transactions involving Guernsey companies as holding companies within larger international groups, and the year saw an increase in the use of schemes of arrangement for takeovers.
Major deals requiring Guernsey legal advice included Kleinwort Benson Channel Island Holdings’ acquisition of Close Offshore; Betfred’s purchase of The Tote; and Photoways’ acquisition of Moonpig.com. On the capital markets side, the picture was relatively healthy until the summer of 2011, after which several instructions became dormant.
On the private client side, clients and Guernsey’s law firms are expected to benefit from the introduction of Guernsey foundations legislation in late 2012, anticipated to appeal to clients unfamiliar or uneasy with the pure trust concept and who perceive a trust’s absence of separate legal identity to be an issue.
Although the AIFM Directive created uncertainty in the funds world, Guernsey’s funds pipeline increased in the second half of 2011, and continued to grow during the first quarter of 2012. In the island’s insurance sector, a major development in 2011 was the decision by the Guernsey Financial Services Commission not to seek equivalence under Solvency II. This decision led to Guernsey becoming a more attractive jurisdiction for captive insurers than those subject to the European legislation, and led to increased workflows in captive migrations for Guernsey’s insurance teams.
On the litigation front, practices have remained busy with asset tracing and enforcement, banking litigation, distressed funds, regulatory investigations, insolvency and trust litigation. Highlight cases of the year included the Tetragon matter, in which the fund’s executive directors, founders and principal shareholder are defendants in unfair prejudice and derivative proceedings, and the Carlyle Group litigation that concerns claims brought by the liquidators of Carlyle Capital Corporation, marking Guernsey’s largest-ever piece of substantive litigation.
In Guernsey’s legal market, Carey Olsen, Mourant Ozannes and Ogier remain the firms most likely to be called in for big-ticket international work, but 2011 also saw a big push being made by Guernsey’s newest pan-Channel Islands contender, when Collas Day in Guernsey and Crill Canavan in Jersey merged to create Collas Crill, a full-service Channel Islands law firm. The combined practice has 19 partners across both islands and has strengthened its presence locally and internationally; in August 2011, the firm relocated Sean Cheong - to spearhead the launch of its new Singapore office.
Mourant Ozannes, which underwent its own pan-Channel Islands union in 2010, has since undergone some movement, with Peter Harwood retiring from the partnership, commercial partner Andrew Walters leaving for a non-legal role and former Guernsey property head Edward Prentice retiring from the firm. AO HALL, best known for employment and dispute resolution matters, saw the departure of Elaine Gray to Carey Olsen and Jon Barclay to Bedell Cristin.
Meanwhile, global firm Appleby, which launched its Guernsey practice in 2010, has gained traction, and remains the only international legal practice able to offer clients advice in all three Crown Dependencies.
Search News and Articles
Press releases
Legal Developments in Guernsey
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Important development in Guernsey litigation costs recovery
Ability to order interim payments on account of costs confirmed -
In re B; B v T (Court of Appeal, 11 July 2012)
A trustee's duty of confidentiality has recently been discussed and to some extent clarified in the recent Guernsey Court of Appeal decision of In re B; B v T (Court of Appeal, 11 July 2012). This summary has been prepared to provide you with a summary of the case as well as the general issues raised, but is not intended to cover all matters or to provide commentary. This summary does not constitute legal advice.- Ogier -
Royal Court Civil Proceedings - A Shift From Ladbroke on External Lawyers' Fees?
The limits of cost recovery in Guernsey litigation is an ever present issue for clients. It is even more acute where external lawyers are engaged because of the need for specialist assistance. This article explores those limits, with a focus on external lawyers' fees and the leading 2008 case of Ladbrokes PLC v Galaxy International Ltd. -
The Company Administration Regime in Guernsey
Introduction- Ogier -
Proposed changes to Guernsey Insolvency Laws
The Guernsey States of Deliberation have approved changes to the Companies (Guernsey) Law, 2008 which include several key changes affecting insolvencies in Guernsey.The Guernsey States of Deliberation have approved changes to the Companies (Guernsey) Law, 2008 which include several key changes affecting insolvencies in Guernsey. -
Guernsey Foundations
A summary of the key aspects of the Foundations (Guernsey) Law, 2012. -
Guernsey Image Rights Legislation
The Image Rights (Bailiwick of Guernsey) Ordinance 2012 (the Ordinance) and The Image Rights (Bailiwick of Guernsey) Regulations, 2012- Ogier -
Guernsey Foundations
The Foundations (Guernsey) Law, 2012 (Law) is awaiting Royal assent, expected to be given by the end of the year or early next year. Whilst Guernsey is not the first jurisdiction to provide for foundations, the Law does provide a number of unique options for individuals wishing to take advantage of the benefits provided by foundations. The purpose of this note is to provide both a general summary of the features of a Guernsey foundation, as well as a summary of these unique options that will be available under the Law.- Ogier -
Competitive Guernsey
Guernsey has been considering the introduction of local competition law since at least 2005 and by bringing into effect The Competition (Guernsey) Ordinance, 2012 on 1 August 2012, has introduced an effective Competition Law regime, to regulate the same 3 core areas recognized in most competition regimes, namely the abuse of a dominant position, anti-competitive arrangements, and mergers and acquisitions. -
Non-charitable purpose trusts in Guernsey
Guernsey law permits a purpose trust to be established with a particular purpose stated in the trust instrument and for which there are no ascertainable beneficiaries.
Press Releases in Guernsey
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Dual-use Item Export Control
Recently, HaoLiWen advised and represented a multinational in initiating the consulting process with MOFCOM, to confirm export shipment of certain goods blocked by China Customs was not an item subject to dual-use item license. The pleading and reasoning prepared by HaoLiWen were accepted by MOFCOM after consultation, which has saved the export business of the client and avoided further investigation by Anti-smuggling Bureau of China Customs into the suspected evasion of dual-use item license. -
Sayenko Kharenko advised on the new Eurobond issue and tender offer by Ukraine’s leading energy...
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Sayenko Kharenko advises on M&A deal of the year by IFLR Europe Awards 2013
Sayenko Kharenko advises on M&A deal of the year by IFLR Europe Awards 2013. -
Sayenko Kharenko advised on the acquisition of Karavan shopping malls
Sayenko Kharenko acted as the legal counsel to Citi Venture Capital International and Apollo , private equity firms, on the acquisition of 3 shopping malls in Kyiv, Kharkiv and Dnipropetrovsk operating under the Karavan trademark. -
Sayenko Kharenko wins third consecutive IFLR “Ukraine Law Firm of the Year” award
Sayenko Kharenko crowned an extraordinary year by carrying off its third "Ukraine Law Firm of the Year Award" at the IFLR's European Awards ceremony held in London on 10 April 2013. -
The Legal 500 directory has announced its 2013 results with outstanding listings for Sayenko Kharenk
The Legal 500, an independent guide to law, published its 2013 research last week. Sayenko Kharenko affirmed its reputation as a leading full-service Ukrainian law firm. -
Sayenko Kharenko advised on the USD 500 mln Eurobond issue by Oschadbank
Sayenko Kharenko acted as legal counsel to Credit Suisse , Deutsche Bank and JP Morgan , the lead-managers of the USD 500 million 8.875% loan participation notes due 2018 for the purpose of providing a loan to "State Savings Bank of Ukraine" -
Sayenko Kharenko earns a record number of Band 1 rankings from Chambers Global 2013
According to the recently released Chambers Global 2013, Sayenko Kharenko maintains its position at the top of the market, being highly ranked in all practice areas researched for Ukraine. -
Sayenko Kharenko – legal counsel in connection with a new Eurobond issue in the Ukrainian banking
Sayenko Kharenko acted as Ukrainian legal counsel to Credit Suisse, J.P. Morgan and UBS, the joint lead managers of the USD 175 million Eurobond offering by Privatbank with 10.875% coupon maturing in 2018. -
Sayenko Kharenko – legal counsel on the sale of a majority shareholding in Insurance Company "Kyiv
Sayenko Kharenko acted as legal counsel to a foreign investment fund on the sale of a majority shareholding in Private Joint-Stock Company "Insurance Company "Kyivska Rus" to a group of local investors.